132-96 Amended Oak Winds Marina

OCT-01-'96 TUE 15;15 ID; TEL N0:
14N�
Permit Class
AMENDED
STATE OF -NO TH-CAROI,INA
Department of Envirprune`�t,1�aUlj,6r Natural Resources
_ Major Developinent.in an'Ai a rkrgnmenW Concern
pursuant to NCG$,113A�9113
X
Excavation and/or rMng pUftant to NCGS 113-229
4125 P01
Permit Number
132-96
RECEIVED
AUG 2 6 1999
COASTAL MANAGEMENT
authorizing development in New Hanover County at Middle Sound. Oak Winds Marina at 2127
Middle Sound Rd. , as requested fin the pemtinee's application dated2/l/961nc1. att. workplan drawings:
7 dated 3/20/96, 2 dated 5129/96 & 2 for spoil area dated 5/10/96.
This permit, issued on \O N -- C-\b . Is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be mill and void.
1) a) In order to protect juvenilia shrimp and finfish populations, no excavation or filling will
be permitted between April I and September 30 of any year without the prior approval of
the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
b) Prior to excavation, a turbidity curtain will be installed at the mouth of the basin, as near
the AIWW as practicable, and maintained daring active excavation in order to protect
adjacent Outstanding Resource Waters.
(See attached sheets for Additional Conditions)
This permit -action may be appealed by the permitted or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
December 31,1999
In issuing this permit, the State of North Carolina agrees
:that your project is consistent with the North Carolina
!Coastal Management Program,
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
— Roger N. S6ecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
r�kkDrr��3 bN.ttt.t I�
C;rm�n,ra ni Gnrm:rrno

uCT-01-'96 TUE 14:15 ID: TEL 1,10: 4125 p02
Oak Winds Marina Permit #132-96
Page 2 of 4
ADDITIONAL CONDITIONS
2) Excavation in the western end of the basin shall not exceed -5' mean low water, and grade to -6'
at the conflux of the access channel, and -7' to -8' through the channel to the mouth.
3) No marsh grass will be excavated and/or filled.
4) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
5) No excavated or fill material will be placed at any time, in any marsh or surrounding waters,
outside of the alignment of the fill area indicated on the work plans.
6) All excavated materials will be confined landward of the mean high water (MHW) elevation
contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or
other retaining structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
7) The terminal end of the pipeline from the dredge into the diked retention area will be positioned
at or greater than 50 feet from any pail of the dike and a maximum distance from spillways to
prevent dike erosion and to allow adequate settlement of suspended solids.
8) A water control structure will be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
9) Flow from the diked retention area will be confined by pipe, trough, or similar device to a point
at or below the mean low water (MLA elevation contour to prevent gully erosion and siltation.
10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant.
11) a) The dedicated spoil area must be enlarged or relocated so as to accommodate two to three
times the amount of material to be removed hydraulically from this basin. The
satisfaction of this condition must be approved by the Division prior to the onset of
dredging.
b) Spoil area effluent must be discharged to an area temporarily closed to shellfish harvest
by the Shellfish Sanitation Branch'of the Division of Environmental Health. Telephone:
919/726-7021.

- =----OCT-01-'96 TUE 14:16 ID: TEL NO; 4125 P03 I
i _.
Oak Winds Marina Permit #132-96
Page 3 of 4
ADDITIONAL CONDITIONS'
12) The bulkhead will not extend waterward more than 8 feet from the mean high water line at any
point along its alignment at the time of construction.
13) The bulkhead must be constructed prior to any backfilling activities.
14) The bulkhead must be structurally tight so as to prevent seepage of backfill materials drought the
structure.
15) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used,
16) All backfill materials will be obtained from a high ground source and confined landward of the
permitted bulkhead.
Dock Construction
17) The docks in the upper basins must be pulled back 5' - 8' to enhance navigation in these narrow
channels.
Marina Operation
18) Prior to occupancy of any newly constructed docks at Oak Winds Marina, a pumpout facility will
be installed and maintained for the life of the project to service boats with holding tanks.
19) The marina will display a sign showing the location of the onsite, pumpout facility, and other
appropriate waste disposal information, at the entrance and exit from the main pier.
20) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the pennittee is responsible. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
21) The permittee's scheme of development, of which the authorized work is a part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the
United States for the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal waterway (AIWW). Accordingly, the permittee will be required to remove such
structures and improvements at his own expense in the event that, in the judgement of the U. S.
Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time
for any purpose within the scope of the easement. Permanent buildings will not be constructed
within the easement.

0CT-01-'96 TUE 14:17 ID: TEL NO:
tt 125 PO4
Oak Winds Marina/Charles Thacker
ADDITIONAL CONDITIONS
Permit #131-96
Pago 4 of 4
22) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
23) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of the permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having the permit transferred to a third party.
NOTE; The Division of Water Quality authorized this project on August 27 under General Water
Quality Certification No. 3025.
NYOTE6 The U. S. Army Corps of Engineers has assigned Action ID No. 199603725 to this
project.
NOTE: The New Hanover County Engineering Department must approve a Sedimentation and
Erosion Control Plan for this project.

Permit Class
AMENDED
STATE
Department of Envi
�y
X Major Developi
pursuant to NCC
X Excavation and/or
aent, Hdalth'& Natural Resources
and
> .,
r ;.
sources.Commrssion
®
for.,i. r
n Area of Erivifo_ nmental Concern
nuisuant to NCGS 113-229
Issued to Oak Winds Marina, c/o Charles Thacker, 21212 Senlac Lane, Cornelius. NC 28031
Permit Number
132-96
authorizing development in New Hanover County at Middle Sound. Oak Winds Marina at 2127
Middle Sound Rd. , as requested in the permittee's application dated2/l/96 incl. aft. workplan drawings_
7 dated 3/20/96, 2 dated 5/29/96 & 2 for spoil area dated 5/10/96.
This pennit, issued on \\i -, \ — '�:\b , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Maintenance Excavation
1) a) In order to protect juvenile shrimp and frnfish populations, no excavation or filling will
be permitted between April 1 and September 30 of any year without the prior approval of
the Division of Coastal Management, in consultation with the Division of Marine
Fisheries.
b) Prior to excavation, a turbidity curtain will be installed at the mouth of the basin, as near
the AIWW as practicable, and maintained during active excavation in order to protect
adjacent Outstanding Resource Waters. I
(See attached sheets for Additional Conditions)
This permitLaction may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
.All work must cease when the permit expires on
December 31, 1999
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
Roger N. Sdhecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pemtittee

Oak Winds Marina Permit #132-96
Page 2 of 4
ADDITIONAL CONDITIONS
2) Excavation in the western end of the basin shall not exceed -5' mean low water, and grade to -6'
at the conflux of the access channel, and -T to -8' through the channel to the mouth.
3) No marsh grass will be excavated and/or filled.
4) The temporary placement or double -handling of excavated or fill materials within waters or'
vegetated wetlands is not authorized.
5) No excavated or fill material will be placed at any time, in any marsh or surrounding waters,
outside of the alignment of the fill area indicated on the work plans.
6) All excavated materials will be confined landward of the mean high water (MHW) elevation
contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or
other retaining structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
7) The terminal end of the pipeline from the dredge into the diked retention area will be positioned
at or greater than 50 feet from any part of the dike and a maximum distance from spillways to
prevent dike erosion and to allow adequate settlement of suspended solids.
8) A water control structure will be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
9) Flow from the diked retention area will be confined by pipe, trough,•or similar device to a point
at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation.
10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant.
11) a) The dedicated spoil area must be enlarged or relocated so as to accommodate two to three
times the amount of material to be removed hydraulically from this basin. The
satisfaction of this condition must be approved by the Division prior to the onset of
dredging.
b) Spoil area effluent must be discharged to an area temporarily closed to shellfish harvest
by the Shellfish Sanitation Branch of the Division of Environmental Health. Telephone:
919/726-7021.

Oak Winds Marina
ADDITIONAL CONDITIONS
Bulkheading and Backfill
Permit #132-96
Page 3 of 4
12) The bulkhead will not extend waterward more than 8 feet from the mean high water line at any
point along its alignment at the time of construction.
13) The bulkhead must be constructed prior to any backfilling activities.
14) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
15) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
16) All backfill materials will be obtained from a high ground source and confined landward of the
permitted bulkhead.
Dock Construction
17) The docks in the upper basins must be pulled back 5' - 8' to enhance navigation in these narrow
channels.
Marina Operation
18) Prior to occupancy of any newly constructed docks at Oak Winds Marina, a pumpout facility will
be installed and maintained for the life of the project to service boats with holding tanks.
19) The marina will display a sign showing the location of the onsite pumpout facility, and other
appropriate waste disposal information, at the entrance and exit from the main pier.
20) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
21) The permittee's scheme of development, of which the authorized work is a part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the
United States for the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal waterway (AIWR). Accordingly, the permittee will be required to remove such
structures and improvements at his own expense in the event that, in the judgement of the U. S.
Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time
for any purpose within the scope of the easement. Permanent buildings will not be constructed
within the easement.

{F
Oak Winds Marina/Charles Thacker Permit #132-96
Page 4 of 4
ADDITIONAL CONDITIONS
22) No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States.
23) The permittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of the permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having the permit transferred to a third party.
NOTE: The Division of Water Quality authorized this project on August 27 under General Water
Quality Certification No. 3025.
NOTE: The U. S. Army Corps of Engineers has assigned Action ID No. 199603725 to this
project.
NOTE: The New Hanover County Engineering Department must approve a Sedimentation and
Erosion Control Plan for this project.

TO:WILMINGTON
-- -0CT-09-196 WED 09:07 ID:
.i
.Permit Crass
l Akm p
Issued to
STATE OF NOW
Department of Envirmmetit,`
Coastal Resou!
TEL N7: M66 P01
- = PamitNumber
132-96
Post-it.
Note
Pf �r
for
%
_ Major Development in an Are8 of Environmca.,_
pursuant to NCGS 113A-118
X ' Excavation and/or filling pursuant to NCGS 113-229 — 'J " `: "
7arina. e% Charles Thl{rllt'I'J1212 Sonine TsnorneJiuq;NC 29031
authorizing development in New Hanover County at Middle Sound, Oak Winds M ring at 2127 _
Middle Sound Rd. , as requested in the permittee's application dated2/1/96 incl. att. worWim drawinQg�
7 dated 3120/96, 2 dated S/29196 & 2 for spoil area dated $110196. . .
is subject to compliance with the application (whore consistent
'with The permit), all applicable regulations, special conditions and notes set forth below. Any violation of these trims may-
be, subiret to a fine, imprisonment or civil action; or may cause the permit to be, bull and void
MaintenunceRxca6ation =*
1) a) In order to protect juvenile shrimp and finfish pbpuiatioas, no excavation or fsliiag will
be permitted between April 1 and September 30 of any yeas without the prior approval of
the Division of Coastal Management, in consultation with the Division of Marine ` -
Fisheries.
b) Prior to excavation, a turbidity curtain will be installed at the mouth of the basin,'as need
the AM W as practicable, and maintained during active excavation in order to protect
adjacent Outstanding Resource Waters.
(See attached sheets for Additional Conditions)
This permit_action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
Issuing date. An appeal requires resolution prior to work
Initiation orwntinuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modifleation not
covered hereunderrequires further Departmental approval,
All work must cease when the permit expires on
Deventha31, 1999
In Issuing this permit, the State ofNonh Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed bytheaathority ofthe SectetaryofDEHNR andthe
dhaimtan of the Coastal Resources Commission.
1 —$� RogerN, Snecter.Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permiaee

TO:WILMINGTON
—ACT-09-196 Wm 09:08 ID: _ TEL NO: #168 P02 - -�-
M4
Oak Winds Marina Permit #132.96
Page 2 of 4
ADDITIONAL CONDITIONS
2) Excavation in the western end of the basin shall not exceed -5' mean low water, and grade to -6
at the conflux of the access channel, and -T to -S' through the channel to the mouth.
3) - _ No marsh grass will be excavated and/or filled.
4) The temporary placement or double -handling of excavated or fill materials within waters or
vegetated wetlands is not authorized.
5) No excavated or fill material will be placed at any time, in any marsh or surrounding waters,
outside of the alignment of the fill area indicated on the work plans.
6) All excavated materials will be confined landward of the mean high water (MHV) elevation
contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or
other retaining structures to prevent spillover of solids into any vegetated wetlands or
surrounding waters.
7) The terminal end of the pipeline from the dredge into the diked retention area will be positioned
at or greater than 50 feet from any part of the dike and a maxu' n-= dietance_from spillways to '
prevent dike erosion and to allow adequate settlement of suspended solids.
S) A water control structure will be installed at the intake and of the effluent pipe leading from the "
retention area in order to ensure maximum settlement of suspended solids.
9) Flow from the diked retention area will be confined by pipe, trough, or similar device to a point
at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation.
10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant. '
11) a) The dedicated spoil area must be enlarged or relocated so as to accommodate two to three
times the amount of material to be removed hydraulically from this basin. The
satisfaction of this condition must be approved by the Division prior to the onset of
dredging.
b) Spoil area effluent must be discharged to an area temporarily closed to shellfish harvest
by the Shellfish Sanitation Branch of the Division of Environmental Health_ Telephone:
9191726-7021.

TO:WILMINGTON
1�-OCT-09-'96 Wm 09:08 ID:
TEL NO: - #160 P03
1
:Oak Winds Marina Permit 0132-96Pag e 3 of 4
I �
ADDITIONAL, CONDITIONS '
i
13ulkhoding and L1ackfill
i
12) The bulkhead will not extend waterward more than 9 feet from the mean high water line at any
point along its alignment at the time of construction.
13) The bulkhead must be constructed prior to any backfilling activities. — 3
14) The bulkhead must be structurally tight so as to prevent seepage of backiill materials through the
.: stricture.
i
is) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used. .
16) All backfdl materials will be obtained from a high ground source and confined landward of the
permitted bulkhead.
' . -Do�jr Ceestrnetion ;. �
17) The docks in the upper basins must be pulled back T - Sto enhance navlgahoim these narrow
channels. _ 1,
maling Ojemtton 1
18) Prior to occupancy of any newly constructed docks at Oak winds Marina a pumpout facility will 1
be installed and maintained for the life of the project to service boats with holding tanks.-; =1
19) The marina will display a sign showing the location of the onsite ptnnpont facility, and other !
appropriate waste disposal information, at the entrance and exit from the main pier.
20) No sewage. whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permitted is responsible. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
21) The permittee's scheme of development, of whic9the authorized work is a part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the
United States for the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal waterway (AMV). Accordingly, the pennittce will be required to remove such
structures and improvements at his own expense in the event that, in the judgement of tho U. S.
Army Corps of Engineers acting on behalf of the United States, the lands are needed at any time
for any purpose within the scope of the casement. Permanent buildings will not be constructed
within the easement.

TO:WILMINGTON
. ^CT-09-'96 WED 09:09 ID:
TEL NO: _ H168 PO4'-
i
I ..
tbak Winds Martina/Charles Thacker
Permit #132-96
Page 4 of 4
ADDITIONAL CONDITIONS
.q?
22) No attempt will be made by the permittee to prevent the fall and free use by the public of all
navigable waters at or adjacent to the authorized work. Use ofthe permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States,
23) The pemrittee will maintain the authorized work in good condition and in conformance with the
terms and conditions of the permit. The pennittee is not relieved of this requirement if he'
abandons the permitted activity without having the permit transferred to a third party.: -
NOTE:
NOTE: The Division of Water Quality authorized this project on August 27 under General Water
- . Quality Certification No. 3025.
NOTE, The U. S. Army Corps of Enginccrs has assigned Action ID Na:199603725 to this
Iprotect
NOTE: The New Hanover County Engmeenng Department must approve a Sedimentation and
Erosion Control Plan for this project
I
1
j

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OCT Q 31996
D
DIVISlu,,, OF
COASTAL MAI4AGEMENT

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CERTIFICATION OF EXEMPTION
Y
FROM REQUIRING A CAMA PERMIT
as authorized by the State of North Carolina,
t _ Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
a in an area of environmental concern pursuant to 15 NCAC Subchapter 7K .0203.
,7W) S9z
Applicant Name 4 . QPhone Number A
Address ) 4
v�O
City -- Gt�2 ELM:( 10 State z � 1
Projecl.Location (County, State Road, Water Body, etc.) &(t I .IH1�-ZF, tt.i /.t .➢. >! AM(A( C4
-rc.tz —
Type and Dimensions of Project ff-
- .SY1'a2f�L(�Z
The proposed project to be located and constructed as described
above is hereby certified as exempt from the CAMA permit re-
quneanent pursuant to 15 NCAC 7K .0203. This exemption to
LAMA Dermit requirements does not alleviate the necessity of
your obtaining any other State, Federal, or Local authorization.
This certification of exemption from requiring a CAMA permit is
valid for 90 days from the date of issuance. Following expiration,
a re-examination of the project and project site may be necessary
to continue this certification.
SKETCH (SCALE:
IYJA�J /LIA 0( c4AJAL
6/'13 i k(
—•�'tunintall
Any person who proceeds with a development without the con- .i
sent of a CAMA official under the mistaken assumption that the
development is exempted, will be in violation of the CAMA if there
is a subsequent determination that a permit was required for the
development.
The applicant certifies by signing this axe ti tt
plicani has read and will abide by the co i#i s of this exemp-
tion, and (2) a written statement has been ob(��i 11'e'd from adjacent
landowners certifying that they have r%objecticgo,(hn
proposed work. U UU 7996
tAw�
7aST/nF(Y 'Doc<
IX/ ZL
A hm 15 N rth C li Ad i . t t'v Code 7K 0203
DIVISi�,,, JF ttac ent. o aroma rnnsrai e
COASTAL MANAGEMENT

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October21, 1996
Oak Winds Marina
c/o Charles Thacker
21212 Senlac Lane
Cornelius, NC 28031
Dear Mr. Thacker:
TCKW
C)EHNR
This is with reference to your request to modify State Permit # 132-96 which was issued on October 1,
1996 and will expire on December 31, 1999. The action proposed in your submittal is the substitution of
rip -rap for approximately 161 feet of permitted bulkhead adjacent to the new fixed and floating dock
section of the reconfigured 10 slip section of the existing facilities. The rip -rap will extend approximately
2 feet waterward of the approved bulkhead alignment within the man-made canal/basin. In addition, the
material to be removed from that portion of the existing parking area which has been approved for
excavation has been requested to be used, after drying, for fill material in the repair of the existing rip -
rapped area damaged by FRAN. Both of these actions are located in the Estuarine Water; Public Trust
Area an Estuarine Shoreline Areas of Environmental Concern. The project is located in New Hanover
County. Upon reviewing the submittal I have determined that the proposed action is consistent with
existing State rules and regulations and is in keeping with the original purpose and intent of the permit.
I hereby submit this Letter of Refinement authorizing the modification of State Permit # 132-96 as
described in your letter and plans dated October 3, 1996, received in our office on October 3, 1996 and
the signed copy of your amended permit received on October 9, 1996 . With regard to the proposed
excavation, please pay close attention to conditions 1(b); 4); 5) ;and 6) of the ammended permit. By
copy of this letter we are also notifying the U. S. Army Corps of Engineers of our action. If you have any
questions concerning the above or if I can be of any other assistance, please advise.
Sincerely,
C. Robert Stroud, Jr.
District Manager
cc: Tere Barrett, DCM
Ann Hines, LPO
Jeff Richter, COE
John Parker, DCM
Preston Pate, DCM
vu lsw LAJU311�
Oct ,2g� Q
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127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

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AMENDED 132-96
TSTATE O F NQ�,llai 1 H-t a R OL.i_vA
Department of Envirymmgt. Flea J1) $ ti antral Resources
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Cp,kesokrces.Fprnmi Sinn
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2L Major Deve)opmetn in an Concem
pursuanttr. NCGS 113A,116
-__ Ezcavati o plies ar)t u tiCGS 113-229
Issued to Qdk LVtnJiMpr[na .si hailu—T6adser.- 2 Se-Maj.aae. CorneiJuR. '�Ic 28031 _ M
authontinp,dcvclopmcntin New _cool hltdjlG5C1171f1.:�kWiady vi�l��j.2i�i .----..._
__' i Q1p. Sttlld Bd�� ..a_s requested in the perrniaers appiicarion dazedZLILI)j jmLl au_1yQ[ T''o-I
i dated 3/20?96, 2 dated 5/29196 R 2 for spoil area dated 5101196.
This pe^:'it, issued on l _: � b is subjeA i to romptiance with the appllcmion ;wh?re cn tsicte. it.
With the pc -nit), all appl _al le regulations, speom' conditions :tied no[e-s set forth below any vini avian c f hem t . n m; .
k-c su?r,•ect t:, a fine, imprisonment or civil aCUon, w may cauSti fhe permit to I- ntl]i and vo:,',
lainlmuf, L ava U
I a) In order tc protcetjuventle wimp and fmfish pop'-dvion5, on Pcca%otinr, ^r f, i, va;;l
i" be permitteri between April 1 and September 30 o`miy yelps K tAnut the p)ior appova' of
the Division of Coastal Maiagement, in consultat or. with tl-e Division of !vIarine
Fisheries.
b) Prior to excavation, a turbidity cu..-tain v.ill be installed at the mouth of the basin, as neat
the AIWW as practicable, and maintained daring active excavation in order to protect.
ndjaunt Outstanding Resource Watery.
(See attached sbeets for Additional Conditions)
This permit action may tq' appealed by the permi:tea or
tier qualified persons within tweaity (20) days of the
issuing date- An appeal r-yicros 170-5011.16On prior to work
iniilatior or continuan e. as the case may be.
l �iis pcmiit roust be, ac,.r::gibte on bite to Deparincrit
pemo net. when the project is inspected for compliance.
Aiiv maintenance work or project mndification not
covered hereunder requites further Departmental approval.
All work mutt cease when the permit expires on
_1l gcemhar31.1999 _
in issuing this permit, the Statc ofNnnh Carolina agrees
tha; your project is ennsistent with the North Carmine
'Coastal Management Program,
ignc;'ry the auU•.ority Of U:e Secr tan of DFHNR and ttr_
Clia:-man of the Coastal Re&m:mtE Ccrntrds;ion
1 — Roger N. St"ecter. Direcw
Division of Co:+s;at Slanagemcnt
Phis permit and it's Conditions arc hr_rcby accepted.
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pak Winds Manna Permit 0132-96
Page 2 of 4
ADDITIONAL CONDITIONS
Excavation in the western end of the batsin shall not exceed -5' rnean lev, water, and grarie to -6'
at the. conflux or the access channel. and -T to -8' thrnugh the channel to the mouth
3) No marsh grass will be excavated and)or filled
4) The temporary placement or doable -handling of excavated or fill materials withi., waters or
vegetated wetlands is not authorized.
$) No excavated or fill material will be placed at any time, in any marsh or sturounding waters.
outside of the alignment of the fill area indicated on the work plans.
6) All excavated materials will be confncd landward of the mean higli water IJMHw� elevation
contour and any reeularly or ir-egulwly flooded vegetated wetlands within adequate dikes or
other retaining structures to prevent sXiovc. of solids into any vegetated werlpnds or
sturounding waters.
7) The terminal end of the pipelin^ from thr dredge into the diked retention area will be posiuoned
at or greater than 50 feet from any part �f the dice and a maxim -am dictance from spiAway., to
prevent dike erosion and to allow adequate settlement of susp:mule:) solids
h 1A water control structure will be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
91 Flow from the diked retention area will be confined by pipe, trough, or sirmlar device to a point
at or below the mean low water (ML W) elevation contour to prevent gully erosion and siltation
0:1 The activity will be conducted in such a manner M to prevent a significat,t increase in hlrbi(lit),
outside the area of constmction or construction -related discharge increases such that the
turbidity in the water body is 25 NTUs or less in all saltwater classes are not considered
significant.
The dedicated spoil erect must be enlarged or relocated so as to accornmadate two to three
times the amount of material to be removed hydraulically from this basin Zile
satisfaction of this condition must be approved by the Division prior to the onset of
dredging.
b) Spoil area effluent must be discharged to an area temporarily closed to shellfish harvest
by the Shellfish Sanitation Branch of the Division of F.nvironmenurl Health Telephone
919,726-7021-

71J2 :4:r-o M: TEL NQ: t1125 P03
Oak Winds :Marina
ADDITIONAL CONDITIONS
Permit #132-96
Page 3 of 4
12) The bulkhead will not extend waterward more than 8 feet from the mean high water line at any
point along its alignment at the time of construction.
13) The bulkhead must be constructed prior to any backfilling activities.
14) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the
structure.
) 5) The fill material will be clean and free of any pollutants, except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used,
16) All backfill materials will be obtained from a high ground source and confined landward of the
permitted bulkhead.
Illtg Construction -
17) The docks in the upper basins must be pulled back 5' - 8' to enhance navigation in these narrow
channel?.
Marina Operation
18) '•. Prior to occupancy of any newly constructed docks at Oak"Winds Marina, a pumpout facility will
be installed and maintained for the life of the project to service boats with holding tanks.
19) The marina will display a sign showing the location of the onsite pumpout facility, and other
appropriate waste disposal information, at the entrance and exit from the main pier-
20) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
21 i The permittee's scheme of development, of which the authorized work is a part, contemplates the
presence of structures and their attendant utilities on lands subject to an easement in favor of the
United States for the operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal waterway (ATWW). Accordingly, the permittee will be required to remove such
structures and improvements at his own expense in the event that, in the judgement of the U. S.
Arty Corps of Engineers acting on behalf of the United States, the lands are needed at any time
for any purpose within the scope of the easement. Permanent buildings will not be, constructed
within the easement,
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--•_'�T-�'.-'96 T_'ti 14:1 rL' TEL ND: a.25 PBa
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Oak Winds Marina/Charles Thacker Permit #132-96
Page 4 of 4
ADDITIONAL CONDITIONS
22) No attempt -.will be Trade by the permittee to prevent the full and fzee use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity must not
interfere with the public's right to free navigation on all navigable waters of the United States,
23) The pertnittee will maintain the authorized work in good condition and in conformance with the
teens and conditions of the permit. The permittee is not relieved of ti:is requirement if he
abandons the permitted activity without having the permit transferred to a third party.
NAUT The Division of Water Quality authorized this project on August 27 under General Water
Quality Certification No. 3025.
` Q-Ilz 1'lie U. S. Army Corps of Engineers has assigned Action TO No. 199603725 to this
project.
`ML' The New Hanover County Engineering Department must approve a Sedimentation and
Erosion Control Plan for this project.
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PARKWAY BUSINESS PARTNERS, L.L.C.
19425-11 Liverpool Parkway
Cornelius, NC 28031
Facsimile_Corerl.€ttrr
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Total Number or Pages:_ S (including cover sheet)
Attention:____
Company:l C- 14
Fax Number: 1A
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Comments: O.d�.__``hir__.Ai!i_:i_:_ i'Fbva.u� le�,N9�
OUR FAX NUMBER - [phone]
IF TRANSMISSION IS INCOMPLETE,
PLEASE CALL CHARLIE OR JOYCE [phone]
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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. DIVISION OF WATER QUALITY Jonathan B. Howes
Governor WATER QUALITY SECTION Secretary
August 12, 1996
Mr. Charles Thacker
Oak Winds Marina
21212 Senlac Lave
Davidson, North Carolina 28036
Subject: Basin Maintenance Dredging
New Hanover
Dear Mr. Thacker:
The Wilmington Regional Office received final stormwater information for Basin Maintenance Dredging
of the Oak Winds Marina on August 9, 1996. Staff review of the plans and specifications has determined that the
development activities proposed will not pose a threat to surface water quality from stormwater runoff. The
Director has determined that projects that are reviewed and approved by the Division as not posing a water quality
threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A
NCAC 21-1.1000. By copy of this letter, we are informing you that your project will not require a Stormwater
Management Permit.
Please keep in mind that this determination does not relieve you of your legal responsibility to obtain other
permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Areas
Management Act, Federal, State, or Local Governments. In addition, any future modifications to the project will
require additional review from this Office to assure that stoimwater impacts are not an issue.
If you have any questions or need additional information concerning this matter please contact Ms. Linda
Lewis at [phone].
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\CAMA\OAKWINDS.AUG
cc: Tere Barrett, DCM
Tony Roberts, New Hanover Building Inspections
Ed Flynn, Agent
Wilmington Regional Office
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment,
Health and Natural Resources Vjye
Division of Water QualityJamesB. Hunt,Jr., Governor r�
Jonathan a Howes, Secretary pEHN F
A. Preston Howard, Jr., P.E., Director
August 27, 1996
New Hanover County
DWQ Project # 960567
COE# 199603725
APPROVAL or 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Charles Thacker
21212 Senlac Lane
Davidson, NC 28036
Dear Mr. Thacker:
You have our approval to dredge and fill 3.2 acres of waters for the purpose of renovation of an existing
commercial marina at Oak Winds Marina, as you described in your application dated 24 June 1996. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3025.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below. Issuance of this certification is dependent on the N.C. Division of
Marine Fisheries issuing a temporary shellfish closure around the discharge. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 15013 of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
Pr ton H 0.1, -,Jr. P.T
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Feld Office
Wilmington DWQ Regional Office
Mr. John Domey
Central Files
John Parker; DCM
960567.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

GENERAL CERTIFICATION
FOR PROJECT ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER SAWC080-N-000-0291 (ISSUED TO
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT)
This General Certification is issued in conformity with requirement of Section
.401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section
.0500 and 15 NCAC 2B .0109 and .0201 for the discharge of fill material as described
in General Permit 199200291. -
The State of North Carolina certifies that the specified category of activity will
not violate Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by Coastal Area Management Act (CAMA) minor
permits do not require written authorization from the Division of
Environmental Management as long as they comply with all other
conditions of this General Certification.
2. Activities authorized by CAMA major permits require written concurrence
from the Division of Environmental Management as well as compliance
with all conditions of this General Certification.
3. Established sediment and erosion control practices shall be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTUs in freshwater streams and rivers; 25 NTUs in all saltwater classes,
and all lakes and reservoirs);
4. Additional site -specific conditions may be added to projects which have
applied for CAMA major permits which are proposed under this
Certification in order to ensure compliance with all applicable water
quality and effluent standards;
5. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the state until the concrete has hardened.
Violation of the conditions herein set forth by a specific project shall result in
revocation of the Certification for that project.
The Director of the North Carolina Division of Environmental Management may
require submission of a formal application for individual certification for any project in
this category that, in his judgement, poses a threat of significant adverse impact on

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLYTO
ATTENTION OF
October 15, 1996
Regulatory Branch
Action ID No. 199603725 and State Permit No. 132-96
Oak Winds Marina
ATTN: Mr. Charles Thacker
21212 Senlac Lane
Davidson, North Carolina 28036 t
Dear Mr. Thacker:
Reference your application for a Department of the Army permit to
renovate and expand an existing commercial marina, involving maintenance -
dredging of approximately 137,000 square feet and filling of 1,127 square feet
of shallow water bottom for the construction and reconfiguration of bulkheads
and piers, off of Middle Sound, at 2127 Middle Sound Loop Road, in Ogden, New
Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. 198000291. Therefore, you may
commence construction activity in strict accordance with applicable State
authorization and the enclosed plan. Failure to comply with the State
authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

Copies Furnished with enclosure:
Chief, Source Data Unit
NOAA/National Ocean service
Attn: Sharon Tear N/CS261
1315 East-West Hwy., RM 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region ZV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy ,
National Marine Fisheries Service
Rivers Island
Beaufort, North Carolina 28516
Mr. Bob Stroud, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Oak Winds Marina
Go Charles Thacker
21212 Senlac Lane
Cornelius, NC 28031
Dear Mr. Thacker:
Q��
E:)EHNR
December 12, 1996
This is with reference to your request to modify State Permit # 132-96 which was issued on October 1,
1996 and will expire on December 31, 1999. The action proposed in your submittal is the use of alternate
spoil areas identified as Site A located on Greenview Drive and Site B located off Middle Sound Loop
Road. Both of these sites are located outside Areas of Environmental Concern. The project is located
in New Hanover County. Jeff Richter with the US Army Corps of Engineers has examined site B and has
contacted me by telephone and indicated that the site can be used and wetlands are not involved
landward of the alignment which he identified for you in the field. Wetlands were not an issue on site A.
Upon reviewing the submittal I have determined that the proposed action is consistent with existing State
rules and regulations and is in keeping with the original purpose and intent of the permit.
I hereby submit this Letter of Refinement authorizing the modification of State Permit # 132-96 as
described in your plans received in our office on December 11, 1996 along with the letters of permission
from the owners of Sites A&B. By copy of this letter we are also notifying the U. S. Army Corps of
Engineers of our action. If you have any questions concerning the above or if I can be of any other
assistance, please advise.
Sincerely,
C. Robert Stroud, Jr.
District Manager
cc: Tere Barrett, DCM
Ann Hines, LPO
Jeff Richter, COE
Vohn Parker, DCM - W/PLa, +
Preston Pate, DCM
Roy Koshock, Oak Winds Marina
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127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

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DEC 11 1996
DIVISION OF
COASTAL MANAGEMENT
REBECCA POWELL
(-ha-A -Lo Tha-ckku, Clbo-
IIC�..L.l�l.fL.lu�
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
C) FEE HNF=tl
DIVISION OF COASTAL MANAGEMENT/MAJOR PERMITS PROCESSING UNIT
FACSIMILE
TO:
OFFICE:
FAX#: "104 GiZ`!%
FROM:
# PAGES:
(including cover sheet)
COMMENTS:
P.O. Box 27687, Raleigh, North Carolina 27611-7687
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50%recycled/ 10%post-consumer paper